New Law Targets Sexually Explicit AI-Generated Deepfakes

The rapid advancement of artificial intelligence (AI) technology has brought about unprecedented changes in various fields, but it has also paved the way for deeply troubling phenomena like sexually explicit deepfakes.

These AI-generated images and videos, which manipulate a person’s likeness to create non-consensual and explicit content, have become increasingly common and represent a new frontier of digital abuse.

In response, the Australian government has taken a significant step by passing new legislation aimed at criminalising the creation and distribution of these harmful materials.

The Rise of AI-Generated Deepfakes

Deepfake technology, which utilizes AI to superimpose images or videos of a person onto another’s body or into different scenarios, has seen rapid development in recent years.

While this technology has legitimate uses, such as in entertainment and art, it has also been weaponized to create sexually explicit content without the consent of the individuals depicted. These deepfakes are often used to degrade, humiliate, and dehumanise victims, with women and girls being the most frequent targets.

The ease with which these deepfakes can be produced and distributed has made them a powerful tool for abusers, leading to significant emotional and psychological harm for the victims.

The anonymity provided by the internet exacerbates this issue, making it difficult to track down and prosecute offenders under existing laws.

Legislative Response: The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024

In recognition of the growing threat posed by deepfakes, the Australian government introduced the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024.

This bill, debated in the Senate and passed into law, introduces new criminal penalties for the sharing of non-consensual deepfake sexually explicit material. It also includes aggravated offenses for individuals who create such content.

Attorney-General Mark Dreyfus highlighted the importance of this legislation, stating, “Digitally created and altered sexually explicit material that is shared without consent is a damaging and deeply distressing form of abuse.

This behaviour can be a method of degrading, humiliating, and dehumanising victims.” The bill’s passage marks a critical step in addressing this form of digital abuse, offering victims much-needed legal recourse.

A Broader Debate on AI Regulation

While the new law has been widely supported, it has also sparked a broader debate on the regulation of AI-generated content. Independent Senator David Pocock, for instance, argued that the legislation should go further to ban the use of deepfake material in the context of elections.

He pointed out that the misuse of deepfakes to mislead or deceive voters is an emerging threat to democracy, as seen in several instances worldwide. “Deepfakes used without consent threaten our democracy and should be banned in the context of elections.”

Similarly, Greens Senator Larissa Waters criticised the bill for not addressing the creation of deepfakes, suggesting that the federal government should take more decisive action to prevent these abuses from occurring in the first place.

However, the government has maintained that regulating the creation of such content falls under the jurisdiction of states and territories.

The passage of the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 reflects the necessity of evolving legal frameworks to keep pace with technological advancements.

As AI continues to develop, it is likely that new forms of digital abuse will emerge, necessitating further legislative action. For now, this law represents a significant move towards protecting individuals from the harmful effects of non-consensual deepfakes.

While some critics argue that the new legislation might not go far enough, its enactment sends a clear message: the creation and distribution of AI-generated sexually explicit content without consent will not be tolerated.

As technology evolves, so too must our legal systems to ensure that the rights and dignity of individuals are safeguarded in the digital age.